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Decree No. 2015 - 1731 22 December 2015 Concerning The Conservation Of Plant Genetic Resources For Agriculture And Food

Original Language Title: Décret n° 2015-1731 du 22 décembre 2015 relatif à la conservation des ressources phytogénétiques pour l'agriculture et l'alimentation

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Keywords

RESOURCE , RURAL CODE AND PEACE MARITIME , CRPM , ALIMENTATION , PHYTOGENETICAL RESOURCE , PHYTOGENETICAL RESOURCE , PERSONAL , PERSONAL


JORF n°0298 of 24 December 2015 page 23937
text No. 69



Decree No. 2015-1731 of 22 December 2015 on the conservation of plant genetic resources for agriculture and food

NOR: AGRG1529077D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/12/22/AGRG1529077D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/12/22/2015-1731/jo/texte


Publics concerned: persons managing collections of phytogenetic resources.
Purpose: Recognition of persons managing collections of phytogenetic resources and the recording of these resources.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree allows the recognition of plant genetic resource managers for food and agriculture, who may be natural or legal persons, private or public. It sets the conditions for this recognition, which in particular allows the registration of phytogenetic resources. It also identifies heritage phytogenetic resources, which are integrated into the national collection of phytogenetic resources and incorporated into the multilateral system of access and benefit-sharing provided for by the international treaty for plant genetic resources for food and agriculture (TIRPAA) and in the European database "EURISCO" established within the framework of the European cooperative programme for plant genetic resources,
References: the Rural Code and Maritime Fishing can be accessed at the Légifrance website (http://www.legifrance.gouv.fr/).


The Prime Minister,
On the report of the Minister of Agriculture, Agri-Food and Forestry, spokesman for the Government,
Vu le Rural Code and Maritime Fishingincluding title VI of his book VI;
In view of the International Treaty on Plant Genetic Resources for Food and Agriculture (two annexes), signed in Rome on 6 June 2002, including articles 11 and 12,
Decrete:

Article 1 Learn more about this article...


Before chapter I of title VI of Book VI of the Rural Code and Maritime Fisheries, a preliminary chapter is inserted as follows:


“Preliminary Chapter
"The conservation of plant genetic resources for agriculture and food


"Art. D. 660-1.-For the purposes of Article L. 660-2, phytogenetic resources for agriculture and food may be retained ex situ or in situ.
"We hear:
« 1° Ex situ conservation: the conservation of a plant genetic resource outside its natural environment;
« 2° In situ conservation: the conservation of a plant genetic resource by maintaining, replenishing, and, where appropriate, the dynamic management of a population of viable species, in its natural environment and in the environment in which its distinctive characteristics have been developed.


"Art. D. 660-2.-People ensuring the conservation of phytogenetic resources for agriculture and food as defined in Article L. 660-2 may be recognized as "managers of a collection of phytogenetic resources for agriculture and food" when they meet the requirements of Article D. 660-3.
"When these conditions are no longer fulfilled, recognition is withdrawn.
"Decisions on the attribution and withdrawal of recognition are made by the Minister for Agriculture, following advice from the Standing Technical Committee on the Selection of Plants.
"They are the subject of a notice published in the Official Journal of the French Republic.


"Art. D. 660-3.-Recognition as "Manager of a collection of phytogenetic resources for agriculture and food" is attributed to people who:
« 1° Define the criteria for selecting materials entering and out of the collection of phytogenetic resources;
« 2° Ensure the upstream and downstream traceability of phytogenetic resource flows to know the direct resource providers and users to whom a resource sample has been distributed, including by maintaining upstream and downstream traceability documents;
« 3° Keep information on the legal status of phytogenetic resources, particularly with regard to the existence or absence of intellectual property titles and clauses relating to their distribution and use;
« 4° Define the methods and means necessary for the conservation of phytogenetic resources;
« 5° Respect the network operating charter when the manager operates within a network;
« 6° Undertake to maintain a database to enable them to record the phytogenetic resources they manage and identify, in particular, heritage plant genetic resources;
« 7° Undertake to forward the list of plant genetic resources, upon request, to the Minister responsible for agriculture, as part of his national coordination actions. They make public the information on the heritage plant genetic resources available to them. The nature of this information may be specified by order of the Minister for Agriculture.


"Art. D. 660-4.-The application for recognition is addressed to the Standing Technical Committee on the Selection of Plants.
"The application file includes the elements to determine that the manager meets the conditions referred to in section D. 660-3.
"The composition and modalities for filing applications for recognition may be specified by order of the Minister for Agriculture.


"Art. D. 660-5.-The list of heritage phytogenetic resources within the meaning of section L. 660-3 is determined by order of the Minister for Agriculture, after the advice of the Standing Technical Committee on the Selection of Crops.
"The criteria for identifying heritage phytogenetic resources may be specified, if any by group of species, by order of the Minister for Agriculture, after the advice of the Standing Technical Committee for the Selection of Crops.


"Art. D. 660-6.-The heritage phytogenetic resources of the national collection of phytogenetic resources referred to in Article L. 660-1 are:
« 1° Incorporated, by the Minister for Agriculture, into the multilateral system of access and benefit-sharing provided for in Article 11 of the Treaty for Plant Genetic Resources for Agriculture and Food, when they fall under its annex I;
« 2° Accessible to any person within the jurisdiction of a Party of the International Treaty for Plant Genetic Resources for Agriculture and Food, under the conditions laid down in Article 12;
« 3° Included in the EURISCO base, when they are part of the European Cooperative Programme for Genetic Resources. »

Article 2 Learn more about this article...


The Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on December 22, 2015.


Manuel Valls

By the Prime Minister:


Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,

Stéphane Le Foll


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